May 5, 2015

The Westchester County Private Well Water Testing Legislation, Local Law 7 of 2007, was adopted on May 23, 2007.  The Law applies to properties served by private wells used for drinking water, and requires a water test to be conducted upon signing a contract of sale for any property with a private drinking water well. The law also require such testing on a regular and ongoing basis for leased properties, and prior to the use of water from new wells or wells that have not been in use as a potable water supply for a period of five (5) years. All water tests conducted pursuant to this Law require a test for at least the following parameters: bacteria (total coliform); either fecal coliform or Eschericia coli (e-coli) if the sample tests positive for total bacteria; chloride; nitrate; pH; arsenic; iron; manganese; sodium; lead; all primary organic contaminants (POCs) included in Part 5 of the New York State Sanitary Code; vinyl chloride; methyl-tertiary-butyl-ether (MTBE); and any additional parameters required by the Westchester County Department of Health. Only certified laboratories are authorized to conduct the water tests and only employees or authorized representatives of the laboratory are authorized to collect the water samples. The Law also establishes certain standards for testing the water including the location from, and the conditions under, which the water sample must be taken. If you have any questions about well water testing or the purchase and sale of real estate in New York, please do not hesitate to contact an experienced attorney at (914) 338-8050.  For more information about our firm please visit www.betenskylaw.com.